Local zoning · Emeryville

Emeryville — Historic Preservation

Q: Does being in a historic district or overlay change the review?

If the property lies in an overlay (for example the NR Neighborhood Retail or PA Park Avenue overlays) those overlay rules and the Emeryville Design Guidelines still apply and will be considered alongside Article 12 preservation criteria; overlays often add frontage and design requirements and sometimes parking exemptions, see § 9-3.404 and related overlay sections ( § 9-3.404 ) .

Q: If my property is in **RM** or **MUR**, which dimensional standards matter for preservation work?

Setbacks (Table 9‑4.301(a) and § 9-4.301 ), height limits per the General Plan Height Map and § 9-4.202 , and FAR rules in § 9-4.201 remain applicable to preservation or replacement designs — you must satisfy or obtain exceptions to these objective standards when pursuing work on a significant structure ( § 9-4.301; § 9-4.202; § 9-4.201 ) .

Historic Preservation under the Emeryville local zoning and planning code, with the controlling citations.

Ask a question free See coverage

Last reviewed: July 2, 2026

Overview

Emeryville’s zoning and planning regulations treat historic protection through a dedicated Article 12, titled “Preservation of Structures,” which creates a citywide preservation permit regime for buildings listed as significant structures and for demolition of residential units. The code names specific significant properties in Table 9-5.1210 and sets findings, application materials, hearings, and limits on building permits tied to preservation decisions. For how preservation interacts with ordinary development rules (setbacks, height, FAR, parking, and design guidelines) consult the city’s broader zoning & planning overview and the zoning and development standards frameworks cited below. The preservation rules are procedural and substantive; they do not replace building-code (Title 24) requirements — see the California Building Standards Code for those technical standards.

Key immediate rules (citations below): a preservation permit is required for work affecting significant structures and for demolition of residential units (§ 9-5.1203) ; the code lists specific designated buildings in Table 9-5.1210 (the “significant structures” list) (§ 9-5.1210) ; findings for preservation vs. demolition are in § 9-5.1206 .

What the Emeryville code requires (core rules)

Preservation permit required: § 9-5.1203 (preservation/demolition of significant structures and demolition of residential units) .
Application contents: location map, photos, footprint, justification letter, and (unless demolition for safety) proposed replacement plans/materials (§ 9-5.1204) .
Approval path and hearings: Planning Commission recommendation and City Council final action for most demolition/replacement requests; certain preservation approvals handled by the Community Development Director per the findings schedule (§ 9-5.1205) .
Findings to approve preservation or demolition (significant structure vs. residential unit) are detailed in § 9-5.1206 (including special findings required to allow demolition and replacement) .
Conditions of approval the Council may impose (relocation effort, HABS documentation, facade/component salvage, reuse requirements, materials palette, design modifications) are authorized in § 9-5.1207 .
Effect on building permits: a building permit to demolish a significant or residential structure is generally withheld until replacement-permit or contract conditions are satisfied; special rules for contaminated sites and safety demolitions are in § 9-5.1209 .
Official list of designated significant structures is Table 9-5.1210 and accompanying Figures 9-5.1210(a)/(b) — properties there are automatically treated as significant (§ 9-5.1210) .
Criteria for adding/deleting significant structures use a prominence/architectural-quality test or a checklist of facade features; see § 9-5.1211 for the 11-feature list (five or more features) and prominence test .
Applicability: the preservation article applies to demolition of a significant structure or residential unit and to “substantial alteration” of the exterior appearance of a significant structure (§ 9-5.1202) .

District-by-district breakdown (how preservation sits inside each zone)

Below are the zoning districts most relevant to property owners and applicants where preservation issues commonly arise. For each district I summarize purpose, typical permitted uses, key dimensional or objective standards that commonly affect preservation projects, and where the district is mapped or applied in Emeryville’s zoning maps.

Note: the preservation permit rules are citywide in application where a property is a significant structure or is otherwise subject to Article 12; the district descriptions cite the zone rules that will apply in parallel (setbacks, height, FAR, design review, parking). Always verify a parcel’s zone on the official zoning map (Figure 9-3.103(a)) and consult the code for parcel-specific height/FAR designations.

RM, RMH, RH (Residential zones)

Purpose: medium- to high-density housing districts; they regulate where single-family, two-unit, and multi-unit housing are allowed and set rules for ground-floor uses in residential zones (9-3.303 and Table 9-3.202) .
Typical permitted uses: single-unit and small multi-unit residential, small group residential, some home occupations and neighborhood-serving uses per Table 9-3.202 (§ 9-3.202/9-3.303) .
Key dimensional and objective standards that interact with preservation: minimum setbacks per § 9-4.301 (see Table 9-4.301(a) for front/street-side/interior-side/rear yard minima) and maximum heights per the General Plan Height Map and § 9-4.202 (height districts and bonus rules) .
Where it applies: residential neighborhoods mapped in Figure 9-3.103(a); preservation rules apply to any designated significant structure in these zones (§ 9-5.1202; § 9-5.1210) .

MUR, MURS, MUN (Mixed-Use zones)

Purpose: allow combinations of residential and nonresidential uses in different mixes; MUR/MURS emphasize residential mixed uses while MUN allows nonresidential-focused mixed uses (§ 9-3.303) .
Typical permitted uses: residential of varying densities, retail, small offices, arts/entertainment, and other uses listed in Table 9-3.202; ground-floor commercial rules and pedestrian orientation apply in many mixed-use contexts (§ 9-3.202, § 9-3.303) .
Key dimensional standards: setbacks § 9-4.301, height and bonus programs § 9-4.202, FAR rules in § 9-4.201; mixed-use developments on larger sites may require PUD or conditional use review (see § 9-3.303) .
Where it applies: Emeryville’s commercial corridors and neighborhood centers; preservation projects in mixed-use areas must meet the preservation findings and the mixed-use zone design and frontage rules, including applicable design review (see § 9-3.404 for NR overlay examples) .

OT, OT/DH (Office/Technology zones)

Purpose: employment, technology, and compatible office/R&D uses; OT/DH is the Office/Technology Doyle‑Hollis special district (§ 9-3.304) .
Typical uses: offices, research & development, limited ground-floor retail in some OT subareas (OT/DH rules differ) (§ 9-3.304; Table 9-3.202) .
Key dimensional standards: floor‑to‑ceiling requirements for office/R&D first floors (min. 14' for flexibility) and the usual height/FAR/setback regime (§ 9-4.202; § 9-4.201; § 9-4.301) .
Where it applies: employment districts mapped in the zoning map; preservation projects in OT zones are subject to preservation rules if the structure appears in Table 9-5.1210 or is otherwise designated as significant (§ 9-5.1210; § 9-5.1202) .

INL, INH and other Industrial zones

Purpose: industrial uses, ranging from light studios to heavier industrial, with protections for operational uses and design standards relevant to industrial-heritage buildings (Table 9-3.202) .
Typical uses: arts‑industrial, studio‑light, manufacturing, storage; many preserved Emeryville warehouse/industrial buildings are in these zones and are listed in Table 9-5.1210 (industrial windows, pilasters, cornices are common qualifying features) (§ 9-3.202; § 9-5.1210) .
Key dimensional standards: setbacks § 9-4.301, FAR § 9-4.201, heights § 9-4.202; landscaping minima differ for industrial zones (landscape at least 5% of project site, see § 9-4.504) .
Where it applies: industrial corridors and historic warehouse clusters (many entries in Table 9-5.1210 are located on Park Avenue, Hollis, and San Pablo streets) (§ 9-5.1210) .

Overlay zones (example: NR Neighborhood Retail, PA Park Avenue, NH North Hollis, TH Transit Hub)

Purpose: overlays implement area plans and special frontage, design, and use rules that frequently interact with preservation (e.g., required ground‑floor pedestrian uses and design guidelines) (§ 9-3.404; § 9-3.403; § 9-3.405; § 9-3.406) .
Typical overlay effects: ground-floor use limits, street-front design rules, parking reductions in transit hub overlays, and mandatory conformity to the Emeryville Design Guidelines and area plans — overlay rules supersede base zone uses where indicated (§ 9-3.202; § 9-3.404; § 9-3.406) .
Preservation implication: if a significant structure lies within an overlay, the overlay’s design guidelines and required design-review processes will apply along with Article 12 requirements; see the overlay rules and the Emeryville Design Guidelines referenced in each overlay section (§ 9-3.404; Article 4 of Chapter 7) .

Quick reference table — most decision-relevant preservation standards

Rule or item	What matters to the applicant	Code Reference
Preservation permit required	Any demolition of a significant structure or of a residential unit, or substantial exterior alteration to a significant structure requires a preservation permit	§ 9-5.1203
Findings to allow preservation vs. demolition	Different findings for (a) preservation, (b) demolition+replacement, and (c) demolition for safety/contamination; economic hardship is considered under specific findings	§ 9-5.1206
Designation list (automatic coverage)	Table 9-5.1210 lists properties designated as significant — those entries are automatically covered by Article 12	§ 9-5.1210 (Table 9-5.1210)
Criteria to add/delete	Prominence/architectural quality OR at least 5 of 11 street-facade features (brick, industrial windows, cornices, varied roofline, etc.)	§ 9-5.1211
Conditions the Council may require	Relocation efforts, HABS documentation, salvage/preservation of facade elements, reuse of materials, design controls	§ 9-5.1207
Building permit hold rules	Building Official may withhold a demolition building permit until replacement structure permit/contract is in place, with exceptions for contamination/public safety	§ 9-5.1209
Setbacks, height, FAR that govern design	Minimum setbacks Table 9-4.301(a); heights via General Plan Height Map and § 9-4.202; FAR via § 9-4.201 — preservation projects must still meet (or obtain exceptions to) these standards	§ 9-4.301 ; § 9-4.202 ; § 9-4.201

Checklist — what an applicant must provide and satisfy (Article 12 + related code)

Prepare a full preservation-permit application per § 9-5.1204: location map, APN, footprint plan, photographs of all sides, justification letter, and proposed replacement/preservation plans and materials/ color board where applicable .
Demonstrate in writing how the findings in § 9-5.1206 can be met for either preservation or (if applicable) demolition/replacement; anticipate Council-level findings for demolition of a significant structure .
Be prepared for public notice and hearings: Planning Commission recommendation and City Council final decision for many cases (§ 9-5.1205) .
Expect conditions: HABS-level documentation, salvage, materials reuse or facade retention requirements per § 9-5.1207 .
Coordinate overlapping standards: design review (Article 4, Chapter 7) and applicable overlay design guidelines (for example the NR overlay’s retail frontage rules in § 9-3.404) — consult the city’s design review guidance and the overlay districts rules early .
Confirm setbacks/height/FAR and parking effects: see § 9-4.301, § 9-4.202, § 9-4.201, and parking rules in Article 4 (which preservation decisions do not waive by themselves) — consult development standards and parking pages for cross-checks .
If proposing an ADU on a preserved property, follow the ADU article but note special protections for historic resources; see § 9-5.1404–1412 and consult the Emeryville ADU guidance and statewide ADU law where relevant .

Risks & Ambiguities

Issue	Why it matters	What to verify
Is the building actually in Table 9-5.1210?	If listed, Article 12 applies automatically; missed designation changes process and findings	Verify the property against Table 9-5.1210 (§ 9-5.1210) and confirm APN/address in the table
What counts as a “substantial alteration” triggering Article 12?	Triggers preservation-permit requirement; ambiguous cases can change permit path	Definitions referenced in Article 12; the code cross-references § 9-5.1212 for definitions — Verify with the jurisdiction; Not found in retrieved materials whether a numeric threshold exists
Can the City withhold a demolition permit while a replacement plan is incomplete?	Affects project sequencing and financing — the Building Official is bound by § 9-5.1209	Confirm the Building Official’s interpretation and any required replacement-contract evidence per § 9-5.1209
How overlay or design-guideline requirements interact with preservation conditions	Overlays (NR, PA, NH, etc.) impose frontage/design controls that may constrain allowed changes	Check overlay rules (e.g., § 9-3.404 for NR) and the Emeryville Design Guidelines; anticipate combined requirements for facade treatment and pedestrian frontage
Economic infeasibility (costs of retrofit) as a grounds for demolition	The code allows demolition findings where adaptive reuse is cost‑prohibitive, but proof standards can be contested	Prepare detailed cost/feasibility analysis tied to § 9-5.1206(a)(2)(d) and expect Council scrutiny

Plain-English Summary

If your building is on Emeryville’s official list of significant structures (Table 9-5.1210) or you want to demolish a residential unit or materially change the exterior of a designated building, you must apply for a preservation permit; the City will hold hearings, apply specific findings (preserve if possible; allow demolition only under narrow findings), and may require documentation, salvage, or replacement conditions before issuing any demolition permits (§ 9-5.1203–9-5.1209) .

Information Gaps

The code text for the term or exact threshold “substantial alteration” (beyond the applicability statement in § 9-5.1202) was not clearly located in the retrieved pages; Verify the definition with Planning staff or § 9-5.1212 (definitions) .
Parcel-specific height, FAR, and setback designations require checking the General Plan Height Map, Floor Area Ratio Map, and the official Zoning Map figures (Figure 9-3.103(a)/(b)) — these maps are referenced in the code but the parcel map lookup is outside the retrieved text; Verify on the City zoning map and General Plan maps .
Practical administrative timelines (target days for completeness review, hearing scheduling) and exact fees for preservation permits are not in the excerpts; Verify with the Planning Department.

Source References

Preservation permit requirement and application: § 9-5.1203; § 9-5.1204
Approval procedure and findings: § 9-5.1205; § 9-5.1206
Conditions of approval: § 9-5.1207
Appeals and building permit effect: § 9-5.1208; § 9-5.1209
Designation of significant structures: § 9-5.1210 and Table 9-5.1210 (figures)
Criteria for adding/deleting significant structures: § 9-5.1211
Setbacks, yards: § 9-4.301 (Table 9‑4.301(a)/(e))
Height, bulk, FAR: § 9-4.202; § 9-4.201 (height districts, FAR guidance)
Zoning districts & overlay rules: Chapter 3 (Article 3) including § 9-3.303 (Mixed Use), § 9-3.304 (Office/Technology), § 9-3.404 (NR overlay) and Table 9-3.202 (uses)
Design guidelines / design review cross-reference: overlay sections and Article 4 (design review) references in overlay rules (e.g., § 9-3.404)
Emeryville code text (compilation used in this memo): Emeryville Zoning Code (Title 9 Planning and Zoning) excerpts, downloaded from the provided file set (see internal file citations above)

Sources

Retrieved passages

Emeryville Zoning Code (Chapter 10) High relevance
Emeryville Zoning Code (Section 9-5.1203) High relevance
Emeryville Zoning Code (Article 14) High relevance
Emeryville Zoning Code (Article 12) High relevance
Emeryville Zoning Code (Article 9) High relevance
Emeryville Zoning Code (Section 9-5.1206) High relevance
Emeryville Zoning Code (Section 9-4.605) High relevance
Emeryville Zoning Code (Section 9-3.404.) High relevance
Emeryville Zoning Code High relevance
Emeryville Zoning Code (Article 12) High relevance
Emeryville Zoning Code High relevance
Emeryville Zoning Code (Article 12) High relevance
Emeryville Zoning Code Medium relevance
Emeryville Zoning Code (Section 9-4.303) Medium relevance
Emeryville Zoning Code (Article 10) Medium relevance
Emeryville Zoning Code Medium relevance
Emeryville Zoning Code (Section 9-3.202) Medium relevance
Emeryville Zoning Code (Section 9-5.510) Medium relevance
Emeryville Zoning Code (Article 4) Medium relevance
Emeryville Zoning Code (Section 9-1.202.) Medium relevance
Emeryville Zoning Code (Section 9-3.202) Medium relevance
Emeryville Zoning Code (Chapter 8.) Medium relevance
Emeryville Zoning Code (Article 11) Medium relevance
Emeryville Zoning Code (Chapter 8.) Medium relevance
Emeryville Zoning Code (Article 3) Medium relevance
Emeryville Zoning Code (section do) Medium relevance
Emeryville Zoning Code Medium relevance
Emeryville Zoning Code (Section 9-4.204) Medium relevance
Emeryville Zoning Code (Section 9-1.203) Medium relevance

Cited sections

Official Emeryville code library

Frequently asked questions

What is a "significant structure" in Emeryville and where is the official list?

A “significant structure” is a building the City has designated for preservation and those properties are listed in Table 9-5.1210; any property listed there is automatically covered by Article 12’s preservation-permit rules (§ 9-5.1210) .

When do I need a preservation permit in Emeryville?

You must obtain a preservation permit for (1) preservation work or demolition of a significant structure, (2) demolition of a residential unit, or (3) substantial exterior alteration of a significant structure — see § 9-5.1203 and § 9-5.1202 for applicability and scope (§ 9-5.1203; § 9-5.1202) .

What findings will the City require to allow demolition of a significant structure?

To authorize demolition and replacement of a significant structure the City Council must make the findings listed in § 9-5.1206, including that demolition would not detract from the neighborhood, replacement design quality is equal or higher, and adaptive reuse was infeasible or cost‑prohibitive under defined conditions (§ 9-5.1206) .

Does being in a historic district or overlay change the review?

If the property lies in an overlay (for example the NR Neighborhood Retail or PA Park Avenue overlays) those overlay rules and the Emeryville Design Guidelines still apply and will be considered alongside Article 12 preservation criteria; overlays often add frontage and design requirements and sometimes parking exemptions, see § 9-3.404 and related overlay sections (§ 9-3.404) .

How does a preservation decision affect my building permit timeline?

The Building Official may not issue a building permit to demolish a significant or residential structure until required replacement permits or a construction contract is in place (exceptions exist for contaminated sites or imminent public safety issues) as described in § 9-5.1209; plan your schedule to include potential Council conditions and concurrency requirements (§ 9-5.1209) .

What do I need to include with a preservation-permit application?

At minimum: a location map and APN, footprint plan, photos of all sides, a justification letter addressing the findings in § 9-5.1206, and proposed preservation/replacement plans and materials boards unless demolition is solely for public safety — see § 9-5.1204 for the full list (§ 9-5.1204) .

If my property is in **RM** or **MUR**, which dimensional standards matter for preservation work?

Setbacks (Table 9‑4.301(a) and § 9-4.301), height limits per the General Plan Height Map and § 9-4.202, and FAR rules in § 9-4.201 remain applicable to preservation or replacement designs — you must satisfy or obtain exceptions to these objective standards when pursuing work on a significant structure (§ 9-4.301; § 9-4.202; § 9-4.201) .

Can I remove architectural features and still get approval?

Removing character-defining features is disfavored; the Community Development Director and City Council may require preservation or salvage and reuse of facade elements as conditions in § 9-5.1207; demolition approvals require specific findings under § 9-5.1206 that include design-quality and neighborhood impact considerations (§ 9-5.1207; § 9-5.1206) .

Do accessory dwelling unit (ADU) rules apply to historic properties?

ADUs are allowed but the code explicitly references that ADUs and related standards must take into account historic-resource protections; see the ADU Article (§ 9-5.1401–9-5.1412) and state ADU rules when an ADU could affect a property listed in Table 9-5.1210 (§ 9-5.1401–9-5.1412) .

Where can I see the City’s design guidelines that the preservation review references?

Overlay and zone sections require compliance with the Emeryville Design Guidelines and area plans (for example the Park Avenue District Plan in § 9-3.403 and NR overlay design guidance in § 9-3.404); design review procedures are in Article 4, Chapter 7 (referenced in the overlay sections) (§ 9-3.403; § 9-3.404) . ---

Ask about any Emeryville property

Get a cited, plain-English answer on Emeryville zoning, setbacks, FAR, ADUs and permits — for any address.

Start Free Trial